field and declared rule (Arizona) · Go Syfert
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field and declared rule in Arizona

10 Arizona opinions name it 1 courts 1936–2021 1 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
City of Tucson v. Walkergreen
ariz · 1943 · cited in 3 Arizona opinions naming this issue, 2017–2021
2 sentences

2021Sess.) (implementing the home rule charter provision and providing, in relevant part, that upon a charter’s approval, its provisions prevail over conflicting state laws “relating to cities,” if the charter does not conflict with laws involving initiatives and referenda “and other general laws of the State not relative to such cities”); § 9-284 (repeating the substance of the 1912 Act’s treatment of conflicts between a charter and state law); Clayton v. State, 38 Ariz. 466, 468 (1931) (on motion for rehearing) (stating “[if] the subject [over which a charter city exercises authority] is of stat

2017See, e.g., Clayton, 38 Ariz. at 468 (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on that subject). ¶44 The unarticulated but obvious take away from

33
City of Tucson v. Tucson Sunshine Climate Clubgreen
ariz · 1945 · cited in 4 Arizona opinions naming this issue, 1948–2021
2 sentences

2021Sess.) (implementing the home rule charter provision and providing, in relevant part, that upon a charter’s approval, its provisions prevail over conflicting state laws “relating to cities,” if the charter does not conflict with laws involving initiatives and referenda “and other general laws of the State not relative to such cities”); § 9-284 (repeating the substance of the 1912 Act’s treatment of conflicts between a charter and state law); Clayton v. State, 38 Ariz. 466, 468 (1931) (on motion for rehearing) (stating “[if] the subject [over which a charter city exercises authority] is of stat

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

24
City of Tucson v. Stategreen
ariz · 2012 · cited in 3 Arizona opinions naming this issue, 2017–2021
2 sentences

2021Sess.) (implementing the home rule charter provision and providing, in relevant part, that upon a charter’s approval, its provisions prevail over conflicting state laws “relating to cities,” if the charter does not conflict with laws involving initiatives and referenda “and other general laws of the State not relative to such cities”); § 9-284 (repeating the substance of the 1912 Act’s treatment of conflicts between a charter and state law); Clayton v. State, 38 Ariz. 466, 468 (1931) (on motion for rehearing) (stating “[if] the subject [over which a charter city exercises authority] is of stat

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

23
Clayton v. Stategreen
ariz · 1931 · cited in 2 Arizona opinions naming this issue, 2017–2021
2 sentences

2021Sess.) (implementing the home rule charter provision and providing, in relevant part, that upon a charter’s approval, its provisions prevail over conflicting state laws “relating to cities,” if the charter does not conflict with laws involving initiatives and referenda “and other general laws of the State not relative to such cities”); § 9-284 (repeating the substance of the 1912 Act’s treatment of conflicts between a charter and state law); Clayton v. State, 38 Ariz. 466, 468 (1931) (on motion for rehearing) (stating “[if] the subject [over which a charter city exercises authority] is of stat

2017See, e.g., Clayton v. State, 38 Ariz. 466, 468 , 300 P. 1010 (1931) (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 , 83 P.2d 283 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 , 135 P.2d 223 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on th

22
Strode v. Sullivangreen
ariz · 1951 · cited in 2 Arizona opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

22
Clayton v. Stategreen
ariz · 1931 · cited in 2 Arizona opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

2017See, e.g., Clayton, 38 Ariz. at 468 (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on that subject). ¶44 The unarticulated but obvious take away from

22
Luhrs v. City of Phoenixgreen
ariz · 1938 · cited in 2 Arizona opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Tucson II, 229 Ariz. at 174 ¶ 9; Strode, 72 Ariz. at 364 (observing that a charter city does not have “carte blanche authority or plenary power to adopt any legislation that it might desire”); Tucson Sunshine Climate Club, 64 Ariz. at 4, 6 (a charter city’s powers extend “not only in matters of local concern, but also in matters of state-wide concern, within its territorial limits, unless the Legislature has appropriated the field, and directly or by necessary implication established a rule, beyond which the city may not go”); Luhrs, 52 Ariz. at 442 (recognizing the “general rule” t

2017See, e.g., Clayton, 38 Ariz. at 468 (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on that subject). ¶44 The unarticulated but obvious take away from

22
Mayor Common Council of City of Prescott v. Randallgreen
ariz · 1948 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021Sess.) (implementing the home rule charter provision and providing, in relevant part, that upon a charter’s approval, its provisions prevail over conflicting state laws “relating to cities,” if the charter does not conflict with laws involving initiatives and referenda “and other general laws of the State not relative to such cities”); § 9-284 (repeating the substance of the 1912 Act’s treatment of conflicts between a charter and state law); Clayton v. State, 38 Ariz. 466, 468 (1931) (on motion for rehearing) (stating “[if] the subject [over which a charter city exercises authority] is of stat

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
City of Phoenix v. Breuninger green
ariz · 1937
2 sentences

1948In City of Phoenix v. Breuninger, 50 Ariz. 372 , 72 P.2d 580 , it was held that the act óf the -legislature relating to dairy and- dairy products and *336 creating the office of dairy commissioner was an enactment of a general law not relating to cities in that it was of state-wide concern and that the legislature had occupied. the field and declared the rule.

1948In City of Phoenix v. Breuninger, 50 Ariz. 372 , 72 P.2d 580 , it was held that the act óf the -legislature relating to dairy and- dairy products and *336 creating the office of dairy commissioner was an enactment of a general law not relating to cities in that it was of state-wide concern and that the legislature had occupied. the field and declared the rule.

41939–1948
Axberg v. City of Lincoln green
neb · 1942
2 sentences

2017See, e.g., Clayton, 38 Ariz. at 468 (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on that subject). 16 STATE V.

2017See, e.g., Clayton, 38 Ariz. at 468 (on motion for rehearing) (stating that where “the subject is of state-wide concern, and the legislature has appropriated the field and declared the rule, its declaration is binding throughout the state” and controls over conflicting local laws); Luhrs, 52 Ariz. at 442 (same, and recognizing this as “the general rule”); Walker, 60 Ariz. at 239 (quoting Axberg, 2 N.W.2d at 614 ) (noting that if a state statute addresses a matter of purely local concern it does not apply to a charter city’s law on that subject). ¶44 The unarticulated but obvious take away from

22017–2017
Hislop v. Rodgers green
ariz · 1939
2 sentences

1948Where, however, the subject is of stated-wide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state." (Emphasis supplied.) In Hislop v. Rodgers, supra, [ 54 Ariz. 101 , 92 P.2d 533 ] we had occasion to comment on the rule laid down in the Clayton case, as follows: “We have followed this rule in City of Phoenix v. Breuninger, 50 Ariz. 372 , 72 P.2d 580, 583 , holding in substance that where municipalities are given express power to legislate upon a certain subject, they.may do so even though the same subject is covered by

1945Where, however, the subject is of state-wide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” Again, in Hislop v. Rodgers, 54 Ariz. 101, 115 , 92 P.2d 527, 533 , the following appears, in commenting on the rule of the Clayton case:- “We have followed this rule in City of Phœnix v. Breuninger, 50 Ariz. 372 , 72 P.2d 580, 583 , holding in substance that where municipalities are given express power to legislate upon a certain subject, they may do so even though the same subject is covered by statewide law, * * * provi

21945–1948
American-La France & Foamite Corp. v. City of Phoenix green
ariz · 1936
2 sentences

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

21937–1948
Northeast Rapid Transit Co. v. City of Phoenix green
ariz · 1932
2 sentences

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

21936–1937
State v. Jaastad green
ariz · 1934
2 sentences

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

1937Where, however, the subject is of statewide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Italics ours.) We have reaffirmed this principle in American-La France & Foamite Corp. v. Phoenix, 47 Ariz. 133 , 54 Pac. (2d) 258 , Northeast Rapid Transit Co. v. Phoenix, 41 Ariz. 71 , 15 Pac. (2d) 951 , and State v. Jaastad, 43 Ariz. 458 , 32 Pac. (2d) 799 .

21936–1937
State Ex Rel Brnovich v. City of tucson/dewit green
ariz · 2017
1 sentence

2021See infra ¶¶ 56-59; Tucson IV, 242 Ariz. at 606-07 ¶¶ 76-78, 80 (Bolick, J., concurring in part and in the result).

12021–2021
Keller v. State of Arizona green
ariz · 1935
2 sentences

1949Where, however, the subject is one of state-wide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Emphasis supplied.) We reaffirmed this rule in the case of Keller v. State, 46 Ariz. 106 , 47 P.2d 442 .

1949Where, however, the subject is one of state-wide concern, and the Legislature has appropriated the field and declared the rule, its declaration is binding throughout the state.” (Emphasis supplied.) We reaffirmed this rule in the case of Keller v. State, 46 Ariz. 106 , 47 P.2d 442 .

11949–1949

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-348.01 (3) AZ § Ariz. Rev. Stat. § 41-194.01 (3) AZ § Ariz. Rev. Stat. § 9-284 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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